Akinyi v Radar Savings & Credit Society Ltd [2025] KECPT 377 (KLR)

Akinyi v Radar Savings & Credit Society Ltd (Tribunal Case 274/E323 of 2024) [2025] KECPT 377 (KLR) (26 June 2025) (Judgment)

Neutral citation: [2025] KECPT 377 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case 274/E323 of 2024

Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw & PO Aol, Members

June 26, 2025

Between

Millicent Akinyi

Claimant

and

Radar Savings & Credit Society Ltd

Respondent

Judgment

1. This claim is instituted through a Statement of Claim dated 30/4/2024 for a savings refund of Kshs. 100,000/- with interest at courts rates and cost of the claim

2. The Claimant admits she was a member of the Respondent membership number 3909 and had saved Kshs . 100,000/- at that time of retirement in April 2023 she has filed payslips and members statement to confirm membership and savings with the Sacco

3. In her witness statement of 30/4/2024 she states she was a member of the Respondent since 2009 and had saved Ksh.100,000/- the Claimant case came up for hearing on 5/5/2025 where the Claimant adopted her witness statement and documents dated 30/4/2024 as per evidence in chief

4. The Claimant was not able to confirm how much of the claim amount was share capital and how much was deposits.She could also not explain an amount of Kshs. 1209/= in 2017 statementShe stated that she had no loan with the RespondentBy the time of writing this Judgement the parties had not filed their written submissions as ordered by this Tribunal on 5/5/2025

Respondent’s Case 5. The Respondent’s case was not prosecuted

Analysis 6. We find that the Claimant was a member of the Respondent and had made some savings with the RespondentDuring the hearing of the Claimant’s case we observed that the Claimant could not sufficiently explain how she calculated the claim amount of Kshs. 100,0000/- as per the claim

7. We have therefore relied on her member statement account which reflects savings of Kshs. 92,992 /- In the absence of a Defence we find that the claim is merited and therefore enter judgement in favour of the Claimant against the Respondent for refund of Kshs. 92,992 /- with interest at Tribunal ratesCosts of suit to the Claimant

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF JUNE, 2025. HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 6.2025HON. BEATRICE SAWE MEMBER SIGNED 26. 6.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 26. 6.2025HON. PHILIP GICHUKI MEMBER SIGNED 26. 6.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 26. 6.2025HON. P. AOL MEMBER SIGNED 26. 6.2025Tribunal Clerk GechikoNo appearance by parties.Judgment delivered in absence of parties.HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 26. 6.2025